ELIGIBILITY FOR CASH ASSISTANCE PROGRAMS

Transcription

1 ELIGIBILITY FOR CASH ASSISTANCE PROGRAMS September 30, 2014 Laura Melnick Southern Minnesota Regional Legal Services, Inc. (SMRLS)

2 I. Basics II. III. Cash Assistance 1. Future program simplification changes 2. MFIP (Minnesota Family Investment Program) 3. DWP (Diversionary Work Program) 4. FSS (Family Stabilization Services) 5. WB (Work Participation Cash Benefits) 6. GA (General Assistance) 7. MSA (Minnesota Supplemental Aid) 8. SSI (Supplemental Security Income) 9. SSDI (Social Security Disability Insurance) Immigration Considerations

3 I. Government Benefits Basics o Most benefit programs are need-based & have INCOME & ASSET limitations. o Most programs have STATE RESIDENCY requirements. o Most programs have limitations based on IMMIGRATION STATUS. o Most cash and food benefits are issued ELECTRONICALLY. o Some programs have limitations based on AGE &/or DISABILITY STATUS. o Most programs include APPEAL RIGHTS for applicants & recipients through state or federal agency.

4 II. Cash Assistance Programs 1. FUTURE PROGRAM SIMPLIFICATION CHANGES: A. Uniform verification requirements & procedures o GA, MSA, MFIP, & DWP will have uniform verification requirements & procedures beginning 2/1/15. o The goal is to provide greater uniformity among programs and provide greater simplicity in delivering services at the local level.

5 B. Uniform determination of self-employment earnings Effective 2/1/15, all programs except MSA will use simplified process to determine earned income from self-employment. HHs with self-employment income will choose to count: o 50% of gross earnings, OR o taxable income as determined from IRS tax form filed within last year.

6 C. Uniform earned income disregard Effective 10/1/15, single earned income disregard will be used across programs. Disregarded will be: First $65 of earned income, AND 50% of any remaining earnings.

7 D. Uniform personal property limits Effective 6/1/16, single asset limit of $10,000 will be used across programs but will not affect MSA recipients receiving SSI. Assets subject to limit are cash, bank accounts, non-exempted vehicles, & liquid stocks & bonds that can be readily accessed without financial penalty.

8 E. Uniform vehicle limits Effective 6/1/16, new vehicle limit will apply to all programs (except MSA for those on SSI). 1 vehicle per assistance unit member age 16 will be excluded. Value of any remaining vehicles will be applied to unit s asset calculation. Trade-in value will be used to determine value of non-excluded vehicles.

9 F. Certification & recertification Effective 2/1/15, participants whose cases were closed due to failure to complete recertification will be able to get cases reopened and benefits reinstated. So long as recertification requirements are met within 30 days of case closure, benefits will be reinstated retroactive to date of closure. Effective 2/1/15, county agencies determining value of personal property will be required to accept personal statement of that value from participant.

10 2. MFIP: Minnesota Family Investment Program (Minn. Stat. ch. 256J) What is MFIP? MFIP is welfare-to-work cash & food assistance program for low-income families. Federal welfare reform law enacted 8/22/96 eliminated AFDC (Aid to Families with Dependent Children) family cash entitlement program. AFDC was replaced with TANF (Temporary Assistance for Needy Families) block grants to states.

11 MFIP is administered by county welfare agencies. It has been Minnesota s TANF program since State law governs most aspects of program, with some directives from federal law

12 A. Lifetime MFIP limit & exceptions Federal TANF law required states to impose lifetime limit of months on adult caregivers (caregivers 18) for receipt of family cash assistance. Months need not be consecutive. Minnesota chose 60-month (5-year) limit for MFIP. Families may be exempt from 5-year limit. They may also qualify for hardship waiver offering benefits beyond 5 years.

13 a. Exempt months include those in which caregiver is 60 or older, caregiver is 18 or 19 & going to school, household is experiencing family violence, or caregiver lives in Indian Country.

14 b. To get extension, recipients must get hardship waiver for ill, incapacitated, or hard to employ. They must: have serious illness or injury severely limiting ability to obtain/maintain suitable employment; be needed in home to care for ill/injured HH member; be granted family violence waiver (if complying with terms of employment plan); have low IQ or LD that severely limits ability to obtain/maintain suitable employment; be assessed unemployable by vocational specialist; or engage in work activities 30 hrs/wk. (with 25 hrs/wk. of work ) and be unable to climb out of poverty.

15 Definition: Severely limits person s ability to obtain or maintain suitable employment qualified professional has determined that participant s condition prevents her from working 20 or more hours/week; OR qualified professional has determined she has low IQ or LD, and that condition: o significantly restricts range of employment she is able to perform, OR o significantly interferes with ability to obtain or maintain suitable employment 20 hours/week.

16 Assessing non-english-speakers in hard-to-employ category In cases involving low IQ or LD for non-englishspeakers, determination of low IQ or LD must be made by qualified professional with experience conducting culturally-appropriate assessments, & report must include statement of assessor s confidence in results. For IQ test, county must accept reports that identify IQ range as opposed to specific score.

17 Months in which HH receives food only grant with no cash do not count toward 5-year limit. Food only grant means $ allocated in the electronic benefit account must be spent on food.

18 B. Work activities MFIP has universal participation requirement. Almost all participants must have employment plan approved by county (even if plan doesn t call for work). Most parents have to work or look for work specified number of hrs/wk. # of hours that must be spent in work activities will depend on age of children & whether HH is singleparent or 2-parent. Once-in-lifetime work exemption exists for singleparent families with child < 12 months.

19 In past, MFIP did not encourage education. If available, it was limited to 24 mos. Effective 7/1/14, education options have broadened for MFIP recipients. Participants may now enroll in postsecondary programs lasting 4 years. Parents < 20 must generally stay in school to qualify for MFIP.

20 C. Categorical eligibility & HH composition o o o o MFIP applicants must be pregnant or have needy child in home. Blood or legal relationship must be proven between caregiver & child. Both parents must be on grant if both are in home, except when 1 parent is on SSI, ineligible due to immigration status, or seeking 60-mo. extension). HH must include all minor children including siblings, half-siblings, & stepsiblings, along with natural or adoptive parents & stepparents.

21 D. Income limits & budgeting MFIP families must have little income. Effective 10/1/15, new earned income disregards will come into play, where 1 st $65 of earned income, plus ½ of remaining earnings, will be disregarded. New income disregards will effectively raise MFIP exit level from 115% to 143% of FPG.

22 MFIP eligibility is determined prospectively, using anticipated income. Recipients income is budgeted retrospectively by 2 mos, so $$ received in September affects November s grant amount. Participants may ask for & receive cash supplement, called Significant Change, up to twice a year to make up for reduction in income due to loss of job or child support.

23 E. Asset limits Under current law, personal property limit is $2,000 for applicants & $5,000 for participants. Real property used as homestead is excluded. Effective 6/1/16, MFIP will have new personal property limitations: $10,000 in personal property (cash, bank acc ts, liquid stocks & bonds that can be accessed readily without financial penalty, & vehicles not otherwise excluded). Effective 6/16/16, 1 vehicle will be excluded per HH member 16 years old, regardless of value. Nonexcluded vehicles will be assessed by trade-in value.

24 F. Grants Cash grant levels ($437 for HH of 2, $532 for HH of 3, $621 for HH of 4) have been static since Current MFIP grants leave recipients at 60% of FPG. When scrutinizing cash alone, levels for recipients are below 34% FPG. Under current MFIP law, grants are reduced by 10% when someone living with family is not caring for HH s children. Reduction is called shared household standard. Shared HH standard will be repealed 1/1/15.

25 Under current law, for most families that have another child while receiving MFIP, their cash grants will not increase for new child due to family cap. Family cap will disappear 1/1/15. MFIP grants are reduced by $50 for most families living in public or HUD-subsidized housing. Starting 7/1/15, recipients will be eligible for $110 monthly Housing Assistance grant unless they receive HUD subsidy or are in child-only MFIP units. MFIP can be retroactive to date of application.

26 G. Sanctions, ineligibility, & overpayments Fleeing felons & parole violators are not eligible for MFIP. Participants convicted of felony-level drug offenses within 10 years of application must have benefits vendor-paid & are subject to random drug-testing as condition of continued eligibility. Those subject to drug-testing will suffer monetary sanctions &/or program disqualification for failing drug tests.

27 o Failure to cooperate in developing or following employment plan results in financial sanction. o Failure to fix sanction causes another sanction following month. o Recipients may demonstrate good cause for failing to cooperate with employment & training. o Applicants & recipients must coooperate with establishment of paternity & collection of child support; failure also results in financial sanction. o MA, MinnesotaCare, & child care assistance programs also require cooperation with child support enforcement.

28 Good cause for non-cooperation with child support collection efforts exists when: Pursuit of support could reasonably result in: Physical or emotional harm (of serious nature ) to child, OR Physical harm to parent or caregiver that would reduce ability to adequately care for child, OR Emotional harm to parent or caregiver, IF of such nature or degree that it reduces ability to adequately care for child (must demonstrate emotional impairment that substantially affects parent s ability to function).

29 Additional bases for good cause : child was conceived as result of incest or rape, OR legal proceedings for child s adoption are pending in court, OR parent is currently being assisted by social services to resolve issues of whether to keep or place child for adoption. (This exemption lasts only 90 days). Best interests of child are considered in determining good cause.

30 Proof of good cause Those claiming good cause have 20 days to provide evidence, including: birth, medical, or law enforcement records indicating child conceived by rape, OR court or other records showing adoption pending in court, OR court, medical, criminal, child protection, social services, domestic violence advocate services, psychological, or law enforcement records indicating alleged father might inflict physical or emotional harm on child, parent or caregiver, OR

31 medical records or written statements from licensed medical professional indicating emotional health history, status, diagnosis or prognosis re: emotional health of child, parent or caregiver, OR written statement from social services agency that parent is deciding whether to keep or place child for adoption, OR sworn statements from other individuals that provide evidence supporting a good cause claim. NOTE: if requested by person seeking good cause claim, child support & public assistance agencies shall assist in obtaining evidence of good cause.

32 Duration of good cause claim Good cause requires annual redetermination, BUT good cause must be allowed to continue without additional evidence when factors that led to exemption continue to exist.

33 SANCTIONS: o 1 st sanction = reduction of 10% of grant. o 2 nd -6 th sanctions = mandatory vendoring with remainder of grant reduced by 30%. o Those sanctioned 6 times for non-cooperation with work or child support lose all benefits the 7 th month of sanction. o Sanction months don t have to be consecutive. o Once MFIP is closed, it must stay closed a full month. o Case will reopen only after participant has been cooperating 30 days. o Families in sanction are not eligible for EA.

34 Overpayments must be repaid regardless of fault, unless < $35. Overpayment recovery is limited to 12 mos. before discovery for agency error & 6 years before discovery for client error or intentional program violation. Fraud is dealt with criminally OR through civil Administrative Disqualification Hearing (ADH) process. 1 st ADH fraud determination renders adult recipients ineligible for 12 months; 2 nd results in 2 years disqualification; 3 rd results in permanent disqualification. ADH Disqualification requires clear & convincing proof of intent to defraud.

35 Other MFIP provisions: Most immigrants residing permanently & lawfully in U.S. can get MFIP. U.S. citizen child of ineligible parents can get child only grant. New immigrants in U.S. < 12 mos. will be referred to FSS instead of MFIP. Sponsor-deeming may affect eligibility.

36 Complicated requirements for reporting income & asset changes will be simplified beginning 1/1/15. New applicants have to meet 30-day state residency requirement unless hardship documented. Applicants & recipients can appeal any issue (including imposition of sanction, work issues, grant amoutns, denials of benefits) to MN DHS. Appeals made within 10 days of notice date, or before effective date of change, preserve benefits pending outcome of appeal. Appeal deadlines are 30 days for MFIP cash & 90 days for food portion, (There are good cause exceptions for late appeal). Appeals of DHS decisions go to state district court.

37 3. DWP: Diversionary Work Program (Minn. Stat. 256J.95) What is DWP? DWP is 4-month TANF-funded program for new MFIP applicants & former MFIP recipients reapplying after being off 12 months. Such applicants are ineligible for MFIP. DWP is administered by county welfare departments. Goal is to provide short-term supports & services for families to get them back to work post-haste.

38 Many aspects of DWP are same as in MFIP: financial eligibility, state residency, retroactivity, immigration issues, cooperation requirements, & overpayments. During 4 months of DWP, family receives no cash. Vendor payments are made for rent & utilities, up to standard MFIP grant. Leftover $ can be given in form of personal needs allowance of $70 per HH member. If no work is secured during 4 months of DWP, family gets transferred automatically to MFIP. Supports, including SNAP (Food Stamps), Medical Assistance (MA), & MFIP child care, should be provided to DWP households.

39 DWP families have to have an employment plan. It basically says, Go find a job. Certain families are exempted from DWP, including those determined appropriate for Family Stabilization Services (FSS) or considered unlikely to benefit from DWP. Among those exempted from DWP are:

40 those determined appropriate for FSS, child only cases (where parent on SSI or ineligible due to immigration status), single-parent families with child < 12 months (exemption available only once in lifetime), parents under 20 with no high school diploma who plan to go to school, caregivers age 60 or older, & non-citizen immigrants who arrived in U.S. < 12 months before applying for assistance.

41 DWP does not use retrospective budgeting. Budgeting does not change during 4-month period, so recipients who find job get to keep all their earnings. Non-cooperation with DWP employment plan means disqualification from DWP & no eligibility for MFIP or EA. DWP months do not count toward MFIP 60- month lifetime limit.

42 FSS: Family Stabilization Services (Minn. Stat. 256J.575) What is FSS? FSS is for families not making progress in MFIP. FSS is administered by county welfare departments. FSS was created to increase state s TANF work participation rates by taking people not making progress in MFIP off TANF-funded benefits.

43 FSS eligibility exists for caregivers who are: o granted or eligible for ill or incapacitated or hard-to-employ MFIP extensions (including those with low IQ or LD, as well as those granted famly violence waiver), o applying for SSI or SSDI, o non-citizens in U.S. < 12 months, or o 60 years old.

44 o FSS has universal participation requirement but work requirements are more relaxed than in MFIP. o FSS offers increased protections against sanctions, vis-à-vis MFIP & DWP. o FSS provides same cash & food benefits as MFIP, has same financial eligibility requirements, & is same as MFIP re: state residency, retroactivity, immigration, fraud, overpayments, & appeals. o FSS participants aren t counted in TANF work participation rates.

45 5. WB: Work Participation Cash Benefits (Minn. Stat. 256J.621) What is WB? o WB was created to increase Minnesota s TANF participation rates by including in TANF former MFIP recipients exiting MFIP due to earnings. o County welfare departments can give participants exiting DWP or MFIP with earnings WB benefits of $25/mo.

46 o Other purpose of WB program is to give former recipients bonus to help them as they move toward self-sufficiency. o Participants must no longer receive DWP, MFIP, or FSS in month.

47 o Caregivers must be employed certain # hours per mo. o WB benefits are available up to 24 consecutive months. o Net income must be below 200% of FPG. o WB months count for state in TANF participation. o Months receiving WB do not count against participants as MFIP months. o State residency, retroactivity, immigration status, overpayments, fraud, & appeal rights are same as in MFIP. NOTE: WB will effectively end on 12/1/14 when statutory program suspension begins.

48 6. GA: General Assistance (Minn. Stat. ch. 256D; Minn. Rules ch. 9500) What is GA? GA is state-funded, non-family cash program administered by county welfare departments. GA is for adults who can t work. GA is also for minor children who can t qualify for MFIP because of inability to demonstrate blood or legal relationship to caregiver.

49 A. Income & assets GA has income & asset limits which are very low, but those limits will be changing in next 2 years. Currently, most income (earned or unearned) counts dollar-for-dollar to reduce grant, after exclusion of 1 st $50 of earned income. New earned income disregards will apply to GA beginning 10/1/15 (1 st $65 plus 50% earnings). GA applicants & recipients currently can own only $1,000 in real or personal property or liquid assets. Homestead is excluded, as is vehicle with equity value < $1,500. Beginning 6/1/16, new personal property limits of $10,000 will apply, and recipients will be able to exclude 1 vehicle entirely.

50 B. Budgeting & benefit amounts Benefit payments are extremely low: $203 for single, $260 for married couple (no increase since 1986). Income is determined prospectively & budgeted retrospectively, as it is in MFIP.

51 C. Categorical eligibility Applicants must: a. suffer from a permanent or temporary illness, injury or incapacity which: is professionally certified is expected to continue > 45 days prevents them from obtaining or retaining employment, OR

52 b. be needed in the home on a substantially continuous basis: because of an illness, injury, or incapacity of another household member that has been professionally certified, OR

53 c. be placed or residing in licensed or certified facility for physical or mental health or rehabilitation, OR approved chemical dependency inpatient facility, OR domestic violence shelter facility. OR For those in rehabilitation or chemical dependency facilities, placement must be based on illness or incapacity AND be according to plan developed or approved by county agency through its director or designated director,

54 d. be developmentally disabled or mentally ill, IF: o diagnosed by licensed physician, psychological practitioner, or other qualified professional AND o condition prevents them from obtaining or retaining employment, OR

55 e. have application pending for, or are appealing, denial or termination of SSI or SSDI benefits, IF they have a permanent or temporary illness, injury or incapacity which is professionally certified, which is expected to continue > 30 days, and which prevents them from obtaining or retaining employment, OR

56 f. are of advanced age ( 55): which makes them unable to obtain or retain employment because it significantly affects their ability to seek or engage in substantial work, OR

57 g. have been determined unemployable by vocational specialist in consultation with county agency. People are considered employable if positions exist in local labor market they are capable of performing, regardless of availability of or openings for those positions. Onus is on applicant or recipient to obtain vocational assessments. Certification must occur annually, OR

58 h. have specific learning disability (SLD). SLD must be determined by county agency according to rules adopted by Commissioner that qualify under state Special Education rules. Must have rehabilitation plan developed or approved by county agency. Must be following plan, OR

59 i. be eligible for displaced homemaker services, programs or assistance, IF enrolled as full-time student, OR j. be involved with protective or court-ordered services that prevent work at least 4 hours/day, OR k. be attending high school at least half-time IF over 18 AND primary language is not English, OR

60 l. have alcohol or drug addiction (DAA), IF: DAA is material factor that contributes to disability, AND they undergo assessment by county agency to determine amenability to treatment. If determined NOT amenable to treatment, then GA must be vendor-paid for shelter costs up to GA grant amount limit. If determined amenable to treatment, must be in treatment program or on wait list, AND benefits must be vendor-paid.

61 D. Other GA provisions o GA applicants are required to apply for other benefits for which they may be eligible, & they must reimburse county if later found eligible for another benefit for time they received GA. o GA applicants convicted of drug offense after 7/1/97 are ineligible for GA for 5 years after completion of sentence unless they have completed or are participating in drug treatment. o Those who become eligible under statute are subject to random drug tests as condition of continued eligibility. o They will lose benefits for 5 years beginning month following positive drug test or discharge of sentence after conviction for another drug felony.

62 o Fleeing felons & parole violators are not eligible for GA. o GA applicants & recipients are subject to many of same requirements as in MFIP, including state residency, retroactivity, immigration status, overpayments, & fraud. o Sponsor-deeming may affect eligibility, & non-citizens must take steps toward citizenship. o GA has same appeal rights & processes as MFIP.

63 7. MSA: Minnesota Supplemental Aid (Minn. Stat.. 256D D.54) What is MSA? MSA is state supplement administered by counties for recipients of SSI & those who would receive SSI but for excess income. MSA serves primarily to ameliorate effects of high housing costs for those living alone. People in shared households are usually ineligible. MSA can pay for furniture replacements & other needs, as well as special medical diets. MSA can be used to pay representative payee fees for SSI or SSDI recipients required to have someone manage their federal benefits.

64 A. Income & assets To qualify, MSA applicants have to receive SSI or be barely over SSI income limits. Income limits for MSA are low, & grants are based on standards of assistance set out in state law. New earned income disregards take effect for MSA 10/1/15. Asset rules are the same as for SSI ($2,000 for single, $3,000 for married couple). Only MSA recipients not on SSI will benefit from new uniform property & vehicle limitations taking effect 6/1/16.

65 B. Miscellaneous provisions Average MSA supplement for housing is $81 for non-institutionalized recipients. Immigration limitations are very strict for MSA, as they relate to SSI. MSA is similar to MFIP & GA in terms of state residency, retroactivity, fraud, & appeal rights.

66 8. SSI: Supplemental Security Income (42 USC ch. 7, subch. XVI, ; 20 CFR pts. 404, 416) 9. SSDI: Social Security Disability Insurance (42 USC ch. 7, subch. II, secs ; 20 CFR pt. 404) What are SSI & SSDI? SSI & SSDI are federal disability benefits administered by Social Security Administration (SSA).

67 A. Disability To qualify for SSI or SSDI, applicant must be unable to work competitively for 12 months due to severe impairment or combination of impairments. Disability is: inability to do any substantial gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for continuous period of 12 months.

68 Vocational factors (age, education, past work) & physical & mental impairments are considerations in determining adult disability in both programs. SSI has special criteria for determining disability in children, often focusing on function. SSDI does not have separate disability program for children but does have Disabled Adult Child (DAC) benefit for adults disabled before age 22 to get benefits on account of deceased or disabled parent. Claims for SSI & SSDI will be denied if alcoholism or drug dependence is contributing factor material to finding of disability.

69 Applicants for either program who meet or equal criteria in one of SSA s listings of impairments are categorically eligible. Adult applicants who don t meet or medically equal SSA listing may still be eligible if they prove there are no substantial or gainful jobs they could perform regularly. Substantial gainful activity (SGA), which is incompatible with claim for disability, is rebuttably presumed when gross monthly earnings are at least $1,070.

70 B. Income & Assets SSI is need-based, not contingent on applicant s work history or earnings. SSI has strict income & asset limits. Even in-kind income is counted. Non-excluded resources are limited to $2,000 for single person & $3,000 for married couple when each spouse is eligible for SSI. SSI recipients not paying pro rata share of HH operating expenses will have grant reduced by 1/3. To qualify for SSDI, recipients (or deceased or disabled parent, spouse, or child) must have paid into system through FICA wage deductions. SSDI has no income or asset limits, other than limitation on earned income for recipients. Worker s Comp. & other Social Security benefits may reduce payments.

71 C. Benefit reach SSI benefits extend only to disabled or elderly recipients. There are no dependent or survivor benefits. SSDI benefits may be available to non-disabled dependent minors, based on family maximum formula. SSDI derivative benefits may be considered as if they were child support for purposes of setting or modifying child support order for non-custodial parent receiving SSDI.

72 D. Garnishments & attachments Neither SSI nor SSDI can be garnished or attached, for most debts. SSDI can be garnished for debts from federal government programs, such as SNAP or student loans. SSDI can be garnished for child support & maintenance debts. Derivative benefits going to the child on account of disabled parent should be credited as child support.

73 E. Retroactivity SSI benefits are retroactive only to date of application. SSDI can be retroactive up to year before date of application, if disability is proved for that period of time.

74 F. Interaction of work & disability benefits Both SSI & SSDI encourage participation in Ticket to Work program through state vocational rehabilitation agencies. SSDI has trial work period (TWP) that allows recipients to try to work before losing benefits. SSI has no TWP. Most unearned income, cash or inkind, counts dollar-for-dollar to reduce grant. Half of earned income counts, after $65 disregard, to reduce grant. SSI allows Plans for Achieving Self-Support (PASS), which may help some recipients work.

75 G. Medicare Disabled SSI recipients under 65 are not eligible for Medicare. Disabled SSDI recipients under 65 can qualify for Medicare after 2 years of SSDI eligibility.

76 H. Benefit Amounts SSI grant amounts are firm & significantly higher than comparable GA or MFIP grants. SSI grants are $721 for single person & $1,082 for eligible married couple. SSI grants are reduced by 1/3 if recipients aren t paying pro rata share of housing costs. SSDI grants are based on workers earnings histories. If SSDI grant is lower than SSI payment level, recipients can get concurrent consisting of partial SSI grant in addition to SSDI. Both SSI & SSDI are usually increased annually with cost-of-living adjustments (COLAs).

77 I. Immigration SSI is most restrictive federal program for noncitizens. Eligibility depends on specific immigration status, date of arrival in U.S. or of adjustment to LPR status, & whether sponsor-deeming applies. In general, non-citizens immigrating to U.S. after 8/22/96 are either completely ineligible for SSI or, if asylees or refugees, eligible only for 7 years after date of grant of refugee status or asylum. SSDI has no immigration-related restrictions for those who reside lawfully in U.S. Because SSDI is not need-based, sponsor-deeming does not apply.

78 J. Appeals SSI & SSDI appeal periods are 60 days. Applicants denied have 60 days to request reconsideration. After second denial they have 60 days to request hearing before Administrative Law Judge (ALJ). ALJ denials can be appealed within 60 days to Appeals Council (AC) in Virginia. AC appellants are generally precluded from filing new claim until AC rules on appeal. AC decisions can be appealed within 60 days to federal district court. Deadlines are important in SSA programs, but SSA can grant good cause for late appeal.

79 K. Miscellaneous SSI/SSDI stuff Fleeing felons & parole violators aren t eligible for SSI or SSDI. In general, overpayments in both programs must be repaid. In SSI, SSA can withhold 10% of benefits from current recipients to recover non-fraud overpaymenst & entire grant for overpayments based on fraud. In SSDI, SSA can withhold entire grant even in non-fraud overpayment cases, but amount of withholding can be negotiated. Overpaid recipients can request waiver at any time. Waivers can be granted in both programs if recipients can show they were without fault in creating overpayment & can t afford to repay overpaid benefits.

80 III. Immigration Considerations Generally, only non-citizens lawfully & permanently in U.S. are eligible for benefits. There is 5-year bar (waiting period) affecting eligibility for federally-funded benefits for some non-citizens. Some immigrants in U.S. on temporary basis, or in process of adjusting to Lawful Permanent Residency, may qualify for state-funded benefits. Eligibility for purely federal benefits will depend on variety of factors. Sponsor-deeming makes many immigrants ineligible for an array of federal & state-funded benefits.